The above-captioned case was scheduled for hearing on May 23, 2006 at 1:00 P.M.   At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Christopher Kirwin and Brad Cronin of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 9, 2005 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the May 23, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the September 9, 2006 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-7.  It is the understanding of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	8.  During the May 23, 2006 hearing on this matter, the Board was advised that part of the Applicants plan of action for the limited sprinkler coverage of this facility would include sprinkler coverage of the cited stairway leading from the single apartment unit on the fourth floor of this facility.  In light of the above, it appears to the Board that the cited staircase would adequately support the evacuation of the fourth floor apartment unit.  Accordingly, the Newport Fire Marshal's office may consider both structural hardship and the additional sprinkler coverage when determining whether the cited staircase from the fourth floor apartment unit may be utilized for egress.  However, during the May 23, 2006 hearing on this matter, the parties only requested consideration of items 9, 10 and 14.
	9.  The Board hereby grants a variance from the provisions of section 31.1.1.3 in order to allow the Applicant to utilize the existing winding stairs cited by the Newport Fire Marshal's office.  This variance is granted on the basis of structural hardship.
	10.  The Board hereby directs the Applicant to correct deficiency 10 at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board notes that there are historic building provisions under the Rehabilitation Code which may be utilized by the Newport Fire Marshal's office in determining a construction equivalency in this case.  In any event, the Board shall keep this item of the file open for the parties to return in the event they are unable to resolve this issue on their own.
	11-13.  The Board hereby directs the Applicant to correct deficiencies 11, 12 and 13 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	14.  During the May 23, 2006 hearing on this matter, the Board was asked to grant the Applicant relief on item 14.  However, the requested relief appears to be addressing the installation of a sprinkler system as opposed to the portable fire extinguishers.  Accordingly, the Board hereby directs the Applicant to provide this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Newport Fire Marshal.  The Board further grants a variance from the provisions of section 31.1.1.3 in order to allow the Applicant to provide this facility with twenty-six (26) domestically supplied sprinkler heads in accordance with the submitted plans.  In the event the Applicant or the Newport Fire Marshal's office has additional questions, this file shall remain open to address those questions.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].